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17 Feb 2011, 6:59 pm
In determining whether there is federal subject matter jurisdiction for declaratory judgment actions: "[I]t is the character of the threatened action, and not of the defense, which will determine whether there is federal-question jurisdiction in the District Court. [read post]
17 Jul 2023, 1:18 pm by Eugene Volokh
Frank , 951 F.2d at 324 ("[T]he fact that Doe is suing the Postal Service does not weigh in favor of granting Doe's request for anonymity. [read post]
12 Jul 2014, 7:33 pm
“[I]f the transferee court can find the transfer decision plausible, its jurisdictional inquiry is at an end. [read post]
20 Apr 2011, 10:28 am by Bexis
Implantable Defibrillators Litigation, 465 F. [read post]
5 Aug 2010, 8:28 am by Paul Bland
by Paul Bland, Claire Prestel, and Melanie Hirsch The consumer and civil rights communities are closely watching AT&T Mobility v. [read post]
14 Nov 2024, 11:39 am by Eugene Volokh
The one thing I can say substantively is that, even if FEMA employees had faced hostility from some conservative or pro-Trump householders, that can't justify an "avoid homes advertising Trump" directive—just as the misconduct of some Jews or Catholics couldn't justify an "avoid homes displaying mezuzahs or crucifixes" directive, or the hostility of some Black Lives Matter supporters to the police couldn't justify the… [read post]
24 Mar 2011, 1:15 pm by Bexis
  Preemption is a matter of federal law overriding state law, so it’s logical to think that state judges may have a different perspective than federal ones. [read post]
20 Aug 2010, 3:35 pm
Iron Grip, 392 F.3d at 1323; Ruiz, 234 F.3d at 667; Richardson-Vicks, 122 F.3d at 1483. [read post]
25 Apr 2008, 12:50 am
The irony of the Flamm matter is that an individual (Flamm) ended up carrying the legal weight that F&S, its parent, and the LA Times declined to carry. [read post]